Implementation of the Violence Against Women and Department of Justice Reauthorization Act of 2005

ICR 200611-2577-002

OMB: 2577-0249

Federal Form Document

Forms and Documents
Document
Name
Status
Form and Instruction
New
Supplementary Document
2006-11-16
Supplementary Document
2006-11-16
Supporting Statement A
2006-11-16
IC Document Collections
ICR Details
2577-0249 200611-2577-002
Historical Active
HUD/PIH
Implementation of the Violence Against Women and Department of Justice Reauthorization Act of 2005
New collection (Request for a new OMB Control Number)   No
Emergency 11/24/2006
Approved without change 11/29/2006
Retrieve Notice of Action (NOA) 11/16/2006
The request is approved without change, since the agency has responded to the issues raised by OMB in disapproving the previous request on October 27, 2006.
  Inventory as of this Action Requested Previously Approved
05/31/2007 6 Months From Approved
200 0 0
200 0 0
4,800 0 0

Residents residing In the public housing and Section 8 voucher programs will submit a HUD approval certification form that attest that the individual is a victim of abuse and that the incidences of abuse are bona fide. Without the certification, a PHA or owner may terminate assistance. The information provided to the PHA and owner is confidential.
The Department is seeking emergency review of the Paperwork Reduction Act requirements regarding the Violence Against Women Act 2005 and Department of Justice Reauthorization Act of 2005 (VAWA 2005), Public Law 109-162. The Notice of Paperwork Submission (copy enclosed), proposed for immediate publication in the Federal Register, explains the burden of the collection requirements and invites public comments. This is a new information collection. In compliance with the requirements of 5 CFR 1320.13, this letter requests emergency processing within 14 days from the date of publication. This request for emergency processing is essential since the bill was signed into law on January 5, 2006, and effective upon enactment. The Department intends to issue regulations to conform existing regulations to the changes made by VAWA 2005, and to provide additional interpretation and guidance that will be helpful in complying with the U.S. Housing Act of 1937, as amended by VAWA 2005. Public Housing Agencies (PHAs) must immediately proceed to ensure compliance with the provisions of VAWA 2005, by amending their leases and policies, as may be appropriate, to reflect the requirements of the law, and to make Section 8 owners aware of the requirements, as most of the VAWA 2005 provisions are not contingent upon the issuance of HUD regulations. The Department must ensure that PHAs and Section 8 owners begin complying with VAWA’s 2005 provisions as soon as possible and HUD will be shielded from litigation over the failure of any PHA or Section owner to implement the provisions VAWA 2005 requires, among other things, that PHAs to request that an individual certify via a HUD approved certification form that the individual is a victim of domestic violence, dating violence, or stalking, and that the incident or incidents in question are bona fide incidents of the actual or threatened abuse. The certification must include the name of the perpetrator. The individual must also provide the certification within 14 business days after the PHA requests the certification. If the individual does not provide the certification within 14 business days after the PHA has requested the certification in writing, nothing prohibits any PHA from evicting any tenant or terminating a lease. A PHA may, at its discretion, extend the 14-day deadline.

None
PL: Pub.L. 109 - 162 606 Name of Law: Violence Against Women and Department of Justice Reauthorization Act of 2005

Not associated with rulemaking

Yes

1
IC Title Form No. Form Name
Certification of Domestic Violence, Dating Violence, or Stalking HUD-XXX Certification of Domestic Violence, Dating Violence, or Stalking

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 200 0 200 0 0 0
Annual Time Burden (Hours) 200 0 200 0 0 0
Annual Cost Burden (Dollars) 4,800 0 4,800 0 0 0
No
No

$0
No
No
Uncollected
Uncollected
Uncollected
Uncollected
Pris Banks 202 708-0614 ext. 4224

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
11/16/2006


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